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A JOINT RESOLUTION
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proposing a constitutional amendment authorizing the operation of |
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casino gaming by licensed persons at nine locations in this state to |
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provide additional money for the permanent school fund and |
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authorizing federally recognized Indian tribes to conduct gaming on |
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certain Indian lands; providing for the requirement of occupational |
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licenses, the authorization of a tax and fees, and the provision of |
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criminal penalties. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 47(a), Article III, Texas Constitution, |
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is amended to read as follows: |
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(a) The Legislature shall pass laws prohibiting lotteries |
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and gift enterprises in this State other than those authorized by |
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Subsections (b), (d), (d-1), and (e) of this section and by Section |
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47a of this article. |
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SECTION 2. Article III, Texas Constitution, is amended by |
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adding Section 47a to read as follows: |
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Sec. 47a. (a) The legislature by general law in accordance |
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with this section shall authorize the operation of casino gaming in |
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this state in which individuals for consideration play games of |
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chance that award prizes and are operated by persons licensed or |
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otherwise authorized by this state to conduct casino gaming to |
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provide additional money for the permanent school fund. The law |
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must: |
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(1) limit casino gaming operations in this state to |
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gaming operated by persons licensed in this state to operate casino |
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gaming at not more than nine licensed locations, with licenses |
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allocated as follows: |
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(A) one license in each of the counties of |
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Galveston, Jefferson, and Nueces, provided the license issued in |
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Jefferson County is for a location approved by the commissioners |
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court of the county that has interstate access and other |
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appropriate infrastructure; |
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(B) three licenses in Bexar and Harris Counties |
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to persons who are licensed to conduct pari-mutuel wagering on |
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horse and greyhound races in one of those counties, provided not |
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more than two licenses are awarded in either county; and |
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(C) one license in each of three first tier |
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coastal or second tier coastal counties, as those terms are defined |
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by Section 2210.003, Insurance Code; |
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(2) impose on casino gaming operations in this state a |
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tax of not less than 18 percent of the casino's gross gaming |
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revenue; |
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(3) require net revenue from the regulation and |
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taxation of casino gaming authorized under this section to be used |
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to fund the permanent school fund; |
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(4) provide: |
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(A) a comprehensive licensing program, including |
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necessary background investigations, to govern a person that |
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manages casino gaming operations in this state or that maintains, |
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manufactures, distributes, sells, or leases casino games for use or |
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play in this state; |
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(B) procedures for the state agency responsible |
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for conducting criminal background investigations for the state to |
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provide criminal background information to the state agency |
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responsible for licensing under Paragraph (A) of this subdivision; |
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and |
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(C) procedures for the monitoring and inspection |
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of casino gaming operations as necessary to protect the public |
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health, welfare, and safety, to preserve the integrity of this |
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state and gaming operations in the state, and to prevent financial |
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loss to this state; and |
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(5) prohibit and impose criminal penalties for the |
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possession and operation of all gaming devices other than devices |
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operated in connection with authorized casino gaming operations or |
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gaming devices otherwise authorized by state law. |
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(b) All shipments of casino gaming equipment or other gaming |
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devices into, out of, or within this state authorized under this |
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section or a law enacted under this section are legal shipments of |
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the devices and are exempt from the provisions of 15 U.S.C. Sections |
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1171-1178 prohibiting the transportation of gambling devices. |
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(c) This section does not prohibit an Indian tribe or tribal |
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organization that was included on the December 30, 1998, list of |
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Indian Entities Recognized and Eligible to Receive Services from |
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the United States Bureau of Indian Affairs, published in the |
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Federal Register by the Secretary of the Interior as required by 25 |
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U.S.C. Section 5131, from conducting gaming on land in this State |
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that is held in trust for the tribe or organization or that is |
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recognized by the United States as the tribe's or organization's |
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tribal land. The prohibitions described by Section 47(a) of this |
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article do not apply to gaming by the tribe or organization on land |
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described by this subsection, and the tribe or organization may |
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conduct gaming on that land. |
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SECTION 3. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 5, 2019. |
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The ballot shall be printed to permit voting for or against the |
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proposition: "The constitutional amendment authorizing the |
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operation of casino gaming by licensed persons at nine locations in |
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this state to provide additional money for the permanent school |
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fund and authorizing federally recognized Indian tribes to conduct |
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gaming on certain Indian lands." |